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Contributed in 2009 by Peter Tillers
Last edited in 2009 by Joel Friedman
Browse from Anthropology
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Evidence
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Admissibility of evidence
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Expert and scientific evidence
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Must expert evidence be generally acceptable to experts or must the trial court make an independent assessment of the validity and reliability of such evidence?
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Trial court must act as gatekeeper and make independent assessment
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The expert or scientific evidence must be shown to be reliable
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Reliability or unreliability of assorted fields and methods
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Junk science
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Phrenology: Cross-reference
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Contribution Suggestions
vouch for authority for rule...
When an exception makes the character of a person admissible to show a person's conduct on a specific occasion, the testimony of a witness on...Fed. R. Evid. 405(a) & (b) ("(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. (b)...
in support of
When an exception makes the character of a person admissible to show a person's conduct on a specific occasion, the testimony of a witness on direct examination about the person's character must take the form of opinion or reputation and it cannot take the form of specific instances of the person's conduct.vouch for authority for rule...
The trial court has discretion to admit a conviction that is presumptively inadmissible under Federal Rule of Evidence 609(a)(2) because of the age...Fed. R. Evid. 609(a)(2) ("However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient....
in support of
The trial court has discretion to admit a conviction that is presumptively inadmissible under Federal Rule of Evidence 609(a)(2) because of the age of the conviction only if the proponent of the conviction gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.complete authority for rule...
Federal Rule of Evidence 404(b) prohibits a criminal defendant from offering other crimes or wrongs of non-defendants circumstantially.United States v. Williams, 458 F.3d 312, pin? (3d Cir. 2006) ("We ... reject Williams' argument, and affirm that the prohibition against the introduction of bad acts evidence to show propensity applies regardless of whether the evidence is offered against the defendant or a...
in support of
Federal Rule of Evidence 404(b) prohibits a criminal defendant from offering other crimes or wrongs of non-defendants circumstantially.